The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-07-14

want 10 put upon your Honor this so dis,
agreeable duty. l speak this after full
Conference with them, and having
learned your Honor's position. l do
not know but what your Honor comes
even within the letter of the constitution.
Your Honor has not stated the degree OF
relationship; but you have stated a con-
nection by marriage between your
Honor a..d a near relative OF the uefen-
| dant"
The Court: Il would state that Mr..
JohnStone's cousin married my wife's
niece;
Mr.. Schumpert, OF counsel for the de-
Tense said that he could but repeat the
fact that the defense most urgently
desired that the case should so OIL
and even after all the statements that
had been made. The defendant had
very high rights in this court, and n his
behalf he would speak. The defendant
was entitled under the laws OF this State
and Of all civilized countries to speedy
trial, and it was that trial which he now
urged most earnestly. 1t was only fair
that after this thing had gone abroad all
over the land, the defendant should have
a chance to vindicate himself. Even
under the strict letter of the constitu-
ton, where all the parties consented,
the State OF South Carolina should waive
anything like the spirit of technical OBJ
lection. 'What we Demand" said he,
''is that this man shall have the oppor-
tunity OF vind!cating his name in the
face of the world.''
Mr.. Culbreath, of counsel for the de-
tense, regretted the position in which
the defense was placed. He thought
that the public interests demanded
trial. Mr.. Johnstone, the defendant,
was lawyer at the bar and the de-
ceased had relatives also members of the
bar. AS a consequence he was OF the
opinion that the sooner such Il case as
this Was tried the better would it be for
the administration of justice generally.
He had not examined the authorities on
the subject, but he knew as matter OF
fact that certain Judges OF the Supreme
Court had heard cases involving the
rights OF parties related to them. But,
it mast be admitted, that no objection
Was made at the time of such trials. In
conclusion he said: "We are very
anxious for trial and will be much dis
appointed if I'VE do not get one.'
The Court: II am grateful for the !
expressions of the attorneys in this case,
but, whatever people may think, know
that am not free from the infrmites OF
human nature, do not think there is 4
mln on the face of the ealth who is free
from them, and that is my deliberate
opinion after lifelong observation.
''The defendant desires that Ishall try
this CASE The Solicitor intimatcs that it
would be improper for me to do so. Now
it is clear that if it were possible for me
to have 4 leaning in this case the State
would have right to assume that that
leaning would be in favor of the defen-
dant, and the defendant would have the
right to assume the same thing. So my
opinion would be that ought not to try
the case, and therefore-''
Mr.. Pope interrupting, ''Your Honor's I
last observations have touched us and
therefore we will withdraw our earnest
desire that your Honor sit upon this
trial"
The Court: "Then let the case be con-.
tinued. But was going on. to say that
before leaving home 1 consulted some
very prudent friends and their opinion
was that although J was not within the
disabilities OF the Constitution, it would
be improper fer me to try the case. l
will mark it continued by the Judge"